# 13 C.F.R. § 124.102 (2026): What size business is eligible to participate in the 8(a) BD program? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_102 ## Section - **Citation:** 13 C.F.R. § 124.102 (2026) - **Heading:** What size business is eligible to participate in the 8(a) BD program? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 13 CFR: Business Credit and Assistance / Chapter I: SMALL BUSINESS ADMINISTRATION / Part 124: 8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS / Subpart A: 8(a) Business Development / § 124.102: § 124.102 What size business is eligible to participate in the 8(a) BD program? ## Text (a)(1) An applicant concern must qualify as a small business concern as defined in part 121 of this title. The applicable size standard is the one for its primary industry classification. The rules for calculating the size of a tribally-owned concern, a concern owned by an Alaska Native Corporation, a concern owned by a Native Hawaiian Organization, or a concern owned by a Community Development Corporation are additionally affected by §§ 124.109, 124.110, and 124.111, respectively. In determining whether a concern applying to be certified for the 8(a) BD program qualifies as a small business concern under the size standard corresponding to its primary industry classification, SBA will accept the concern's size representation in the System for Award Management (SAM), or successor system, unless there is evidence indicating that the concern is other than small. SBA will request a formal size determination pursuant to § 121.1001(b)(8) of this chapter where any information it possesses calls into question the concern's SAM size representation. (2) In order to remain eligible to participate in the 8(a) BD program after certification, a firm must generally remain small for its primary industry classification, as adjusted during the program. SBA may graduate a Participant prior to the expiration of its program term where the firm exceeds the size standard corresponding to its primary NAICS code, as adjusted, for three successive program years, unless the firm demonstrates that through its growth and development its primary industry is changing, pursuant to the criteria described in 13 CFR 121.107, to a related secondary NAICS code that is contained in its most recently approved business plan. The firm's business plan must contain specific targets, objectives, and goals for its continued growth and development under its new primary industry. ss the firm demonstrates that through its growth and development its primary industry is changing, pursuant to the criteria described in 13 CFR 121.107, to a related secondary NAICS code that is contained in its most recently approved business plan. The firm's business plan must contain specific targets, objectives, and goals for its continued growth and development under its new primary industry. (b) If 8(a) BD program officials determine that a concern may not qualify as small, they may deny an application for 8(a) BD program admission or may request a formal size determination under part 121 of this title. (c) A concern whose application is denied due to size by SBA may request a formal size determination with the SBA Government Contracting Area Office serving the geographic area in which the principal office of the business is located under part 121 of this chapter. Where the SBA Government Contracting Area Office determines that an applicant qualifies as a small business concern for the size standard corresponding to its primary NAICS code: (1) The AA/BD will certify the concern as eligible to participate in the 8(a) BD program if size was the only reason for decline; or (2) The concern may reapply for participation in the 8(a) BD program at any point after 90 days from the AA/BD's decline if size was not the only reason for decline. In such a case, the AA/BD will accept the size determination as conclusive of the concern's small business status, provided the applicant concern has not completed an additional fiscal year in the intervening period and SBA believes that the additional fiscal year changes the applicant's size. [63 FR 35739, June 30, 1998, as amended at 76 FR 8254, Feb. 11, 2011; 88 FR 26204, Apr. 27, 2023; 89 FR 102487, Dec. 17, 2024] ## Nearby sections - [13 C.F.R. § 124.1 (2026) § 124.1 What is the purpose of the 8(a) Business Development program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_1.md) - [13 C.F.R. § 124.2 (2026) § 124.2 What length of time may a business participate in the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_2.md) - [13 C.F.R. § 124.3 (2026) § 124.3 What definitions are important in the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_3.md) - [13 C.F.R. § 124.101 (2026) § 124.101 What are the basic requirements a concern must meet for the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_101.md) - [13 C.F.R. § 124.102 (2026) § 124.102 What size business is eligible to participate in the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_102.md) - [13 C.F.R. § 124.103 (2026) § 124.103 Who is socially disadvantaged?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_103.md) - [13 C.F.R. § 124.104 (2026) § 124.104 Who is economically disadvantaged?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_104.md) - [13 C.F.R. § 124.105 (2026) § 124.105 What does it mean to be unconditionally owned by one or more disadvantaged individuals?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_105.md) - [13 C.F.R. § 124.106 (2026) § 124.106 When do disadvantaged individuals control an applicant or Participant?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_106.md) - [13 C.F.R. § 124.107 (2026) § 124.107 What is potential for success?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_107.md) - [13 C.F.R. § 124.108 (2026) § 124.108 What other eligibility requirements apply for individuals or businesses?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_108.md) - [13 C.F.R. § 124.109 (2026) § 124.109 Do Indian tribes and Alaska Native Corporations have any special rules for applying to and remaining eligible for the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_109.md) - [13 C.F.R. § 124.110 (2026) § 124.110 Do Native Hawaiian Organizations (NHOs) have any special rules for applying to and remaining eligible for the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_110.md) - [13 C.F.R. § 124.111 (2026) § 124.111 Do Community Development Corporations (CDCs) have any special rules for applying to and remaining eligible for the 8(a) BD program?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_111.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T13_P124_S124_102. 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